Paradigm Study In The Doctrine Of The Most Significant Relationship In The Field Of Foreign-related Contracts

The formation and development of the doctrine of the most significant relationship is a long history.As early as the sixteenth Century in Europe,this process has started hoarding.Until the second half of the 19 th Century,this principle was formally proposed in the United States by "the second restatement of conflict of laws".Up to now,It has been precipitated for several decades.After a long accumulation,the doctrine of the most significant relationship is extremely rich.We should pay special attention to the introduction and improvement.This author tries to introduce the concept of “paradigm”,aiming at the integrity of the doctrine of the most significant relationship.The paradigm of the doctrine of the most significant relationship can be defined as the sum of theories,rules and methods,which groups applying laws should follow when dealing with the cases with the doctrine of the most significant relationship.It should cover six aspects: position,function,form of expression,internal connection,specified methods and restrictive factors.The doctrine of the most significant relationship in China lacks theoretical integrity in the field of foreign-related contracts.This author collected foreign-related contract cases related to the doctrine of the most significant relationship taken place in six years after the introduction of the Law of the Application of Law for Foreign-Related Civil Relations of the People's Republic of China.It is found that there are a lot of problems in the application of the principle in the field of foreign-related contracts,such as the lack of clear status,the disorder of the legal system,the lack of operational provisions,etc..In the field of foreign-related contracts,the frequent mistakes in judicial practice have confirmed the lack of the basic paradigm of the doctrine of the most significant relationship.In order to get rid of the current judicial dilemma,we need to build the basic paradigm of the doctrine of the most significant relationship of our country.In the process of building,we need to face up to a problem.the doctrine of the most significant relationship has been codified in relevant laws,but still not complete and not close enough.The most important wayto construct the basic paradigm of the doctrine of the most significant relationship is to improve the theoretical integrity and the density of the doctrine of the most significant relationship.In order to overcome the problem,we can learn from the world's relatively well established theory of the doctrine of the most significant relationship.Europe and the United States are the birthplace of this important principle,They are both advanced in theory and practices,which we can learn.By reviewing the relevant history,this author extracted the doctrine of the most significant relationship of the American paradigm and the European paradigm.Then this author summarizes and explains the status,function,form of expression,internal connection,specified methods and restrictive factors of the model.Finally,this author defines the template of the most suitable model in China and provides some ideas for improvement.The paper uses the method of statistical analysis and literature research.This author hopes to refine a suitable paradigm in the context of China,in order to benefit the practice of this important principle.